Many speculated on just how much Loper Bright Enterprises v. Raimondo (Loper Bright) would affect agency rulemaking challenges. Well, the D.C. Circuit is showing that that effect maybe milder than expected. Huntsman Petrochemical, the American Chemistry Council, and the Louisiana Chemical Association (Petitioners) tested how a post-Chevron world could look under judicial review of agency
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Supreme Court 2024: Key Rulings Reshape Federal Regulatory Authority
As the Supreme Court’s recent term drew to a close, the Court issued four opinions that promise to reshape the federal regulatory landscape. These decisions—Loper Bright Enterprises v. Raimondo, Corner Post, Inc. v. Board of Governors of the Federal Reserve System, Ohio v. EPA, and SEC v. Jarkesy—both individually, and in combination, constrain the power of federal agencies
EPA Reconsiders New Risk Management Program Regulations, but Regulations Remain in Effect
Stoel Rives Summer Associate Maya Ward co-authored this post.
The D.C. Circuit Court of Appeals placed the challenges to the U.S. Environmental Protection Agency’s (“EPA”) risk management regulation on hold for 120 days while the EPA reconsiders the concerns raised by challengers. Order, Oklahoma v. EPA, No. 24-1125 (D.C. Cir. July 30, 2024). The underlying revisions
Restart the Clock: SCOTUS Expands the Timeframe to Challenge Agency Actions
Stoel Rives Summer Associate Jessica Wright co-authored this post.
In a landmark decision on July 1, 2024, the Supreme Court ruled that the six-year statute of limitations for facial challenges to agency regulations under the Administrative Procedure Act (APA) begins when the final agency action injures a plaintiff, not when the regulation is issued. This ruling,
SEC v. Jarkesy: In-House Adjudicators are Out and the Jury is In
Why do environmental professionals need to know about a recent securities case? Read on for details. In response to the Wall Street Crash of 1929, Congress passed the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940 to combat securities fraud and increase market transparency. The Securities
Ohio v. EPA: SCOTUS Issues Stay in EPA’s Multi-State Air FIP
Stoel Rives Summer Associate Jessica Wright co-authored this post.
We want to bring to your attention a recent development involving the Environmental Protection Agency’s (EPA) regulation of air pollutants. In the case Ohio v. EPA, the Supreme Court issued a stay on the enforcement of the EPA’s Federal Implementation Plan (FIP), halting the EPA’s ability to
SCOTUS Speaks: Agency Deference is Out, Judicial Independence is In
Executive Summary
The decision by the United States Supreme Court (“SCOTUS”) on June 28, 2024, in Loper Bright Enterprises v. Raimondo, 603 U. S. ____ (2024) (“Loper”) reads simply: “The Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not
Federal Government Finalizes Significant Changes to NEPA Regulations
Introduction
On May 1, 2024, the Council on Environmental Quality (“CEQ”) promulgated the Bipartisan Permitting Reform Implementation Rule (“Final Rule”), 89 Fed. Reg. 35,442 (May 1, 2024), which is better known as Phase 2 of the Biden Administration’s revisions to the regulations that implement the National Environmental Policy Act (“NEPA”).
NEPA imposes a procedural requirement
EPA Designates PFOA and PFOS as Hazardous Substances Under CERCLA
On April 19, 2024, the United States Environmental Protection Agency (EPA) issued a pre-publication notice regarding its designation of two per- and polyfluoroalkyl substance (“PFAS”) compounds, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. EPA’s rule, for the first time,
SEC Stays Its Climate Disclosure Rules
On April 4, 2024, the U.S. Securities and Exchange Commission (SEC) published an Order Issuing Stay of rules promulgated on March 6, 2024 requiring registrants to provide certain climate-related information in future registration statements and annual reports (Final Rule). The stay responds to litigation filed in the Fifth and Eighth Circuit Courts of Appeals seeking